The Refugee Protection Division (RPD) is a tribunal-level division within the Immigration and Refugee Board of Canada (IRB), responsible for making decisions on claims for refugee protection. The RPD is an independent administrative tribunal that operates under the Immigration and Refugee Protection Act (IRPA) and its Regulations. Its primary role is to determine whether a claimant is a Convention refugee or a person in need of protection, as defined under the IRPA.
Overview of the Refugee Protection Division
The RPD is composed of members who are appointed by the Governor in Council. These members are responsible for hearing and deciding claims for refugee protection in a fair and impartial manner. The RPD’s decision-making process involves a thorough examination of the claimant’s testimony, documentation, and other evidence presented during the hearing. The division considers various factors, including the claimant’s country of origin, their personal circumstances, and the potential risks they may face if returned to their home country.
The RPD’s decisions are based on the principles of natural justice and are guided by the United Nations Convention Relating to the Status of Refugees (the Refugee Convention) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The division must consider whether the claimant has a well-founded fear of persecution based on one of the five grounds set out in the Refugee Convention: race, religion, nationality, membership in a particular social group, or political opinion.
Refugee Protection Claims Process
The process for making a claim for refugee protection in Canada involves several steps. First, the claimant must submit a claim for refugee protection to the RPD. The claimant will then be scheduled for a hearing, during which they will have the opportunity to present their claim and respond to questions from the RPD member. The claimant may be represented by counsel during the hearing, and they may also call witnesses and present documentary evidence in support of their claim.
After the hearing, the RPD member will render a decision, which will be communicated to the claimant in writing. If the claim is accepted, the claimant will be granted refugee protection in Canada. If the claim is rejected, the claimant may appeal the decision to the Refugee Appeal Division (RAD) or seek judicial review of the decision before the Federal Court of Canada.
| Category | Description |
|---|---|
| Claimant | An individual who submits a claim for refugee protection to the RPD |
| Convention Refugee | An individual who has a well-founded fear of persecution based on one of the five grounds set out in the Refugee Convention |
| Person in Need of Protection | An individual who would face a risk of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment if returned to their home country |
Challenges and Controversies
The RPD has faced several challenges and controversies in recent years, including concerns about the backlog of claims, the lack of legal representation for claimants, and the use of expedited procedures to process certain types of claims. The division has also faced criticism for its handling of claims involving vulnerable populations, such as women and children, and for its use of country of origin information in making decisions about claims.
Despite these challenges, the RPD remains an important institution for protecting the rights of refugees and individuals in need of protection in Canada. The division’s decisions have a significant impact on the lives of claimants, and its processes and procedures are subject to ongoing review and reform to ensure that they are fair, efficient, and effective.
Reforms and Improvements
In recent years, the Canadian government has implemented several reforms and improvements to the RPD’s processes and procedures. These reforms have included the introduction of new rules and procedures for the hearing of claims, the expansion of the RPD’s membership, and the provision of additional resources and support for claimants. The government has also established a number of initiatives and programs to help address the backlog of claims and to improve the overall efficiency and effectiveness of the RPD’s decision-making process.
Some of the key reforms and improvements include the introduction of a new claimant intake process, which allows claimants to submit their claims online and provides for more efficient processing of claims. The government has also established a pilot project to test the use of videoconferencing technology in the hearing of claims, which has the potential to increase access to the RPD’s processes and to reduce delays in the hearing of claims.
- The RPD's decisions are subject to appeal to the Refugee Appeal Division (RAD)
- The RPD's processes and procedures are guided by the principles of natural justice
- The division's membership is composed of individuals appointed by the Governor in Council
What is the role of the Refugee Protection Division?
+The Refugee Protection Division is a tribunal-level division within the Immigration and Refugee Board of Canada, responsible for making decisions on claims for refugee protection.
What are the grounds for making a claim for refugee protection?
+The grounds for making a claim for refugee protection are set out in the Refugee Convention and include a well-founded fear of persecution based on one of the five grounds: race, religion, nationality, membership in a particular social group, or political opinion.
The Refugee Protection Division plays a critical role in protecting the rights of refugees and individuals in need of protection in Canada. The division’s decisions have a significant impact on the lives of claimants, and its processes and procedures are subject to ongoing review and reform to ensure that they are fair, efficient, and effective. By providing a safe and impartial process for making claims for refugee protection, the RPD helps to uphold Canada’s international obligations and to promote the principles of human rights and dignity.
